OC7 SB1: Bill Text

SB1,1207,9 2. A winery permit under s. 125.53.

SB1,1207,11 3. A winery license, permit, or other authorization issued to the winery by any state from which the winery will ship wine into this state.

SB1,1207,13 (b) A winery located outside of this state is eligible for a direct wine shipper's permit under par. (a) 3. if all of the following apply:

SB1,1207,15 1. The winery holds a valid business tax registration certificate issued under s. 73.03 (50).

SB1,1207,19 2. The winery submits to the department, with any initial application or renewal for a certificate under s. 73.03 (50) or a permit under par. (a) 3., a copy of any current license, permit, or authorization issued to the winery by the state from which the winery will ship wine into this state.

SB1,1207,25 (c) Notwithstanding s. 125.04 (5) (a), natural persons obtaining direct wine shippers' permits are not required to be residents of this state. Notwithstanding s. 125.04 (5) (a) 5., a person is not required to complete a responsible beverage server training course to be eligible for a permit under this section. Notwithstanding s. 125.04 (6), corporations or limited liability companies obtaining direct wine shippers' permits are not required to appoint agents.

SB1,1208,6 (4) Annual report required. A permittee under this section shall submit a report to the department, by January 31 of each year, on forms furnished by the department, providing the identity, quantity, and price of all products shipped to individuals in this state during the previous calendar year, along with the name, address, and birthdate of each person who purchased these products and each person to whom these products were shipped.

SB1,1208,9 (5) Labels. Containers of wine shipped to an individual in this state under this section shall be clearly labeled to indicate that the package may not be delivered to an underage person or to an intoxicated person.

SB1,1208,11 (6) Restrictions. No individual may resell, or use for a commercial purpose, wine received by the individual that is shipped under authority of this section.

SB1,1208,18 (7) Annual limit. No individual in this state may receive more than 108 liters of wine annually shipped under authority of the section. Each individual shall be responsible for compliance with this annual limit. An individual who violates this annual limit is subject to a warning issued by the department for the individual's first violation and a $500 fine for each violation by the individual that occurs after a warning has been issued by the department. This subsection does not apply to purchases made under a permit issued under s. 125.61.

SB1, s. 2759k Section 2759k. 125.54 (1) of the statutes is amended to read:

SB1,1209,2 125.54 (1) Authorized activities. The department shall issue wholesalers' permits authorizing the permittee to sell intoxicating liquor at wholesale from the premises described in the permit. Except as provided under s. 125.69 (1) (b) 3., the The permittee may not sell intoxicating liquor for consumption on the premises. If a wholesale permit is issued to a brewery that holds a "Class B" license, the permit shall authorize the wholesale sale of wine only. Possession of a permit under this section does not authorize the permittee to sell tax-free intoxicating liquor and wine brought into this state under s. 139.03 (5).

SB1, s. 2759kc Section 2759kc. 125.54 (4) of the statutes is created to read:

SB1,1209,7 125.54 (4) Taste sampling prohibited. Wholesalers holding a permit under this section, employees of such wholesalers, and individuals representing such wholesalers may not provide or participate in providing taste samples under ss. 125.51 (2) (am) and 125.69 (8).

SB1, s. 2759kg Section 2759kg. 125.55 (1) (intro.) and (a) of the statutes are consolidated, renumbered 125.55 (1) and amended to read:

SB1,1209,11 125.55 (1) The department may issue the following combination permits: (a) A a combination manufacturer's and rectifier's permit.

SB1, s. 2759kh Section 2759kh. 125.55 (1) (b) of the statutes is repealed.

SB1, s. 2759ki Section 2759ki. 125.55 (2) of the statutes is amended to read:

SB1,1209,15 125.55 (2) A combination manufacturer's and wholesaler's permit may not be issued. A combination rectifier's and wholesaler's permit may not be issued.

SB1, s. 2759km Section 2759km. 125.58 (1) of the statutes is amended to read:

SB1,1210,9 125.58 (1) The department shall issue out-of-state shippers' permits which authorize persons located outside this state to sell or ship intoxicating liquor into this state. Except as provided under sub. (4), intoxicating liquor may be shipped into this state only to a person holding a manufacturer's, rectifier's, wholesaler's, industrial alcohol or medicinal alcohol permit under s. 125.54 or, if shipped from a manufacturer or rectifier in another state holding a permit under this section, to a person holding a manufacturer's or rectifier's permit under s. 125.52. Except as provided under sub. (4), a separate out-of-state shipper's permit is required for each location from which any intoxicating liquor is sold or shipped into this state, including the location from which the invoices are issued for the sales or shipments. Any person holding an out-of-state shipper's permit issued under this section may solicit orders for sales or shipments by the permittee without obtaining the sales solicitation permit required by s. 125.65, but every agent, salesperson or other representative who solicits orders for sales or shipments by an out-of-state shipper shall first obtain a permit for soliciting orders under s. 125.65. No holder of an out-of-state shipper's permit issued under this section may sell intoxicating liquor in this state or ship intoxicating liquor into this state unless the out-of-state shipper is the primary source of supply for that intoxicating liquor.

SB1, s. 2759L Section 2759L. 125.58 (4) (a) (intro.) of the statutes is renumbered 125.58 (4) and amended to read:

SB1,1210,14 125.58 (4) A winery located outside of this state may ship wine into this state as provided under s. 125.68 (10) (bm) if all of the following apply: 125.535 and is not required to hold an out-of-state shipper's permit under this section.

SB1, s. 2759m Section 2759m. 125.58 (4) (a) 1. to 4. of the statutes are repealed.

SB1, s. 2759mm Section 2759mm. 125.58 (4) (b) of the statutes is repealed.

SB1, s. 2759n Section 2759n. 125.68 (10) (a) of the statutes is amended to read:

SB1,1210,23 125.68 (10) (a) Except as provided in par. (bm) s. 125.535, no intoxicating liquor may be shipped into this state unless consigned to a person holding a wholesaler's permit for the sale of intoxicating liquor, other than a retail "Class B" permit under s. 125.54 or, if shipped from a manufacturer or rectifier in another state holding a permit under s. 125.58, consigned to a person holding a manufacturer's or rectifier's permit under s. 125.52.

SB1, s. 2759o Section 2759o. 125.68 (10) (b) of the statutes is amended to read:

SB1,1211,7 125.68 (10) (b) Except as provided in par. (bm) s. 125.535, no common carrier or other person may transport into and deliver within this state any intoxicating liquor unless it is consigned to a person holding a wholesaler's permit for the sale of intoxicating liquor, other than a retail "Class B" permit under s. 125.54 or, if shipped from a manufacturer or rectifier in another state holding a permit under s. 125.58, consigned to a person holding a manufacturer's or rectifier's permit under s. 125.52. Any common carrier violating this paragraph shall forfeit $100 for each violation.

SB1, s. 2759p Section 2759p. 125.68 (10) (bm) of the statutes is repealed.

SB1, s. 2759pg Section 2759pg. 125.68 (10) (bs) of the statutes is repealed.

SB1, s. 2759pr Section 2759pr. 125.68 (10) (c) of the statutes is repealed.

SB1, s. 2759q Section 2759q. 125.69 (1) (a) of the statutes is amended to read:

SB1,1211,17 125.69 (1) (a) No intoxicating liquor manufacturer, rectifier, winery, out-of-state shipper permittee, or wholesaler may hold any direct or indirect interest in any "Class A" license or establishment and no "Class A" licensee may hold any direct or indirect interest in a wholesale permit or establishment, except that a winery that has a permit under s. 125.53 may have an ownership interest in a "Class A" license.

SB1, s. 2759r Section 2759r. 125.69 (1) (b) 1. of the statutes is amended to read:

SB1,1211,24 125.69 (1) (b) 1. Except as provided under subds. 2. to subd. 4., no intoxicating liquor manufacturer, rectifier, winery, out-of-state shipper permittee, or wholesaler may hold any direct or indirect interest in any "Class B" license or permit or establishment or "Class C" license or establishment and no "Class B" licensee or permittee or "Class C" licensee may hold any direct or indirect interest in a wholesale permit or establishment.

SB1, s. 2759s Section 2759s. 125.69 (1) (b) 2. and 3. of the statutes are repealed.

SB1, s. 2759t Section 2759t. 125.69 (1) (c) (intro.) of the statutes is renumbered 125.69 (1) (c) and amended to read:

SB1,1212,10 125.69 (1) (c) No manufacturer, rectifier, winery, or out-of-state shipper permittee, whether located within or without this state, may hold any direct or indirect interest in any wholesale permit or establishment, except as provided in s. 125.53, and except that a manufacturer that is also a brewer may hold a permit issued under s. 125.54 for the wholesale sale of wine only. This paragraph does not prohibit any of the following persons from obtaining a permit under s. 125.65:. Except as provided in s. 125.53, no retail licensee may hold any direct or indirect interest in any manufacturer, rectifier, winery, or out-of-state shipper permittee.

SB1, s. 2759u Section 2759u. 125.69 (1) (c) 1. to 3. of the statutes are repealed.

SB1, s. 2759v Section 2759v. 125.69 (4) (c) of the statutes is repealed.

SB1, s. 2759w Section 2759w. 125.69 (6) (a) of the statutes is amended to read:

SB1,1212,17 125.69 (6) (a) No campus or retail licensee or permittee may purchase or possess intoxicating liquor purchased from any person other than a manufacturer, rectifier or wholesaler holding a permit under this chapter for the sale of intoxicating liquor.

SB1, s. 2759x Section 2759x. 125.69 (8) of the statutes is created to read:

SB1,1213,4 125.69 (8) Providing taste samples on "Class A" premises. (a) With the consent of the "Class A" licensee, a manufacturer or rectifier may provide, free of charge, on "Class A" premises, taste samples of intoxicating liquor, other than wine, to any person who has attained the legal drinking age, for consumption on the premises during hours in which the "Class A" licensee is authorized under s. 125.51 (2) (am) to provide taste samples. The provision of taste samples under this subsection shall be subject to the same limitations that apply to taste samples provided by a "Class A" licensee under s. 125.51 (2) (am). No manufacturer or rectifier may provide as taste samples under this subsection any intoxicating liquor that the manufacturer or rectifier did not purchase from the "Class A" licensee on whose premises the taste samples are provided.

SB1,1213,7 (b) 1. A manufacturer or rectifier may provide taste samples under par. (a) through an individual representing the manufacturer or rectifier if all of the following apply:

SB1,1213,8 a. The individual is hired by the manufacturer or rectifier.

SB1,1213,9 b. The individual is not employed by, or an agent of, a wholesaler.

SB1,1213,11 2. All provisions of par. (a) that apply to a manufacturer or rectifier apply equally to any individual representing a manufacturer or rectifier.

SB1, s. 2760 Section 2760. 134.43 (3m) of the statutes is amended to read:

SB1,1213,17 134.43 (3m) Subsections (2) (b), (2m) and (3) do not apply to information regarding the name, address or employer of or financial information related to a subscriber or member of a subscriber's household that is requested under s. 49.22 (2m) by the department of workforce development children and families or a county child support agency under s. 59.53 (5).

SB1, s. 2768e Section 2768e. 138.052 (5) (am) 2. b. of the statutes is amended to read:

SB1,1213,24 138.052 (5) (am) 2. b. Within 5 days after the date on which the determination is made, the division of banking shall calculate the average, rounded to the nearest one-hundredth of a percent, of the rates determined by the division of banking and the office of credit unions and report that interest rate to the revisor of statutes legislative reference bureau within 5 days after the date on which the determination is made.

SB1, s. 2768r Section 2768r. 138.052 (5) (am) 2. c. of the statutes is amended to read:

SB1,1214,6 138.052 (5) (am) 2. c. The revisor of statutes legislative reference bureau shall publish the average rate in the next publication of the Wisconsin administrative register. The published interest rate shall take effect on the first day of the first month following its publication and shall be the interest rate used to calculate interest on escrow accounts that are subject to this subdivision until the next year's interest rate is published under this subd. 2. c.

SB1, s. 2769 Section 2769. 138.09 (1m) (b) 2. b. of the statutes is amended to read:

SB1,1214,10 138.09 (1m) (b) 2. b. The division may disclose information under subd. 1. a. to the department of workforce development children and families in accordance with a memorandum of understanding under s. 49.857.

SB1, s. 2770 Section 2770. 138.09 (1m) (c) 1. of the statutes is amended to read:

SB1,1214,17 138.09 (1m) (c) 1. If an applicant who is an individual does not have a social security number, the applicant, as a condition of applying for or applying to renew a license, shall submit a statement made or subscribed under oath or affirmation to the division that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of workforce development children and families.

SB1, s. 2771 Section 2771. 138.09 (3) (am) 3. of the statutes is amended to read:

SB1,1214,22 138.09 (3) (am) 3. The applicant fails to comply, after appropriate notice, with a subpoena or warrant issued by the department of workforce development children and families or a county child support agency under s. 59.53 (5) and related to paternity or child support proceedings.

SB1, s. 2772 Section 2772. 138.09 (4) (b) of the statutes is amended to read:

SB1,1215,10 138.09 (4) (b) The division shall restrict or suspend a license under this section if, in the case of a licensee who is an individual, the licensee fails to comply, after appropriate notice, with a subpoena or warrant issued by the department of workforce development children and families or a county child support agency under s. 59.53 (5) and related to paternity or child support proceedings or is delinquent in making court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse, as provided in a memorandum of understanding entered into under s. 49.857. A licensee whose license is restricted or suspended under this paragraph is entitled to a notice and hearing only as provided in a memorandum of understanding entered into under s. 49.857 and is not entitled to a hearing under par. (a).

SB1, s. 2773 Section 2773. 138.12 (3) (d) 2. b. of the statutes is amended to read:

SB1,1215,14 138.12 (3) (d) 2. b. The division may disclose information under subd. 1. a. to the department of workforce development children and families in accordance with a memorandum of understanding under s. 49.857.

SB1, s. 2774 Section 2774. 138.12 (3) (e) 1. of the statutes is amended to read:

SB1,1215,21 138.12 (3) (e) 1. If an applicant who is an individual does not have a social security number, the applicant, as a condition of applying for or applying to renew a license under this section, shall submit a statement made or subscribed under oath or affirmation to the division that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of workforce development children and families.

SB1, s. 2775 Section 2775. 138.12 (4) (b) 6. of the statutes is amended to read:

SB1,1216,5 138.12 (4) (b) 6. If an individual, has not failed to comply, after appropriate notice, with a subpoena or warrant issued by the department of workforce development children and families or a county child support agency under s. 59.53 (5) and related to paternity or child support proceedings and is not delinquent in making court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse, as provided in a memorandum of understanding entered into under s. 49.857.

SB1, s. 2776 Section 2776. 138.12 (5) (am) 1. c. of the statutes is amended to read:

SB1,1216,16 138.12 (5) (am) 1. c. In the case of a licensee who is an individual, the applicant fails to comply, after appropriate notice, with a subpoena or warrant that is issued by the department of workforce development children and families or a county child support agency under s. 59.53 (5) and that is related to paternity or child support proceedings or the applicant is delinquent in making court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse, as provided in a memorandum of understanding entered into under s. 49.857. An applicant whose renewal application is denied under this subd. 1. c. is entitled to a notice and hearing under s. 49.857 but is not entitled to a hearing under par. (b).

SB1, s. 2777 Section 2777. 138.12 (5) (am) 2. of the statutes is amended to read:

SB1,1217,4 138.12 (5) (am) 2. The division shall restrict or suspend the license of any insurance premium finance company if the division finds that, in the case of a licensee who is an individual, the licensee fails to comply, after appropriate notice, with a subpoena or warrant that is issued by the department of workforce development children and families or a county child support agency under s. 59.53 (5) and that is related to paternity or child support proceedings or the licensee is delinquent in making court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse, as provided in a memorandum of understanding entered into under s. 49.857. A licensee whose license is restricted or suspended under this subdivision is entitled to a notice and hearing under s. 49.857 but is not entitled to a hearing under par. (b).

SB1, s. 2780b Section 2780b. 139.035 of the statutes is repealed and recreated to read:

SB1,1217,21 139.035 Wine shipped directly to individuals in this state. (1) All wine shipped directly to an individual located in Wisconsin by a person holding a direct wine shipper's permit under s. 125.535 shall be sold with the occupational tax imposed under s. 139.03 included in the selling price. As directed by the department, the taxes imposed under s. 139.03 shall be paid to, and a quarterly return filed with, the department once every quarter. In addition to filing a quarterly liquor tax return, each person holding a direct wine shipper's permit under s. 125.535 shall be required to file an addendum, on forms furnished by the department, that provides, at minimum, the identity, quantity, and price of all wine shipped to individuals in this state during the previous quarter, along with the name, address, and birthdate of each person who purchased the wine as well as the name of the person of legal drinking age who acknowledged delivery of the wine. Working with permittees under s. 125.535, the department shall develop forms, in both paper and electronic format, for use by such permittees in obtaining this information and complying with any other requirement under this state's law in connection with the direct shipment of wine.

SB1,1218,2 (2) Any failure of a person holding a direct wine shipper's permit under s. 125.535 to pay the occupational tax or file the addendum required under sub. (1) within 30 days of its due date constitutes grounds for revocation or suspension of the permit. The provisions on timely filing under s. 71.80 (18) apply to the tax and addendum required under this section.

SB1, s. 2780d Section 2780d. 139.11 (4) (title) of the statutes is amended to read:

SB1,1218,4 139.11 (4) (title) Confidentiality and publications.

SB1, s. 2780e Section 2780e. 139.11 (4) of the statutes is renumbered 139.11 (4) (a) and amended to read:

SB1,1218,14 139.11 (4) (a) Sections 71.78 (1) and (4) to (9) and 71.83 (2) (a) 3., relating to confidentiality of income, franchise and gift tax returns, apply to any information obtained from any person on a fermented malt beverage or intoxicating liquor tax return, report, schedule, exhibit or other document or from an audit report relating to any of those documents, except that the department of revenue shall publish brewery production and sales statistics and shall publish or permit the publication of statistics on the total number of gallons of the types and brands of intoxicating liquor sold in this state.

SB1, s. 2780f Section 2780f. 139.11 (4) (b) of the statutes is created to read:

SB1,1218,21 139.11 (4) (b) Sections 71.78 (1) and (4) to (9) and 71.83 (2) (a) 3., relating to confidentiality of income, franchise and gift tax returns, do not apply to any information obtained from any person on an intoxicating liquor tax return, report, schedule, exhibit or other document or from an audit report relating to any of those documents. With the information provided to the department by any person, the department of revenue shall publish at least once each month:

SB1,1218,23 1. Statistics on the total number of gallons of the types and brands of intoxicating liquor sold in this state.

SB1,1219,5 2. A current and regularly updated list, made available on paper and on the department's Internet Web site, of permit holders that minimally includes detailed information on the name, address, contact person, and date of permit issuance for every manufacturer's and rectifier's permit issued under s. 125.52, winery permit issued under s. 125.53, direct wine shipper's permit issued under s. 125.535, wholesaler's permit issued under s. 125.54, and out-of-state shipper's permit issued under s. 125.58.

SB1,1219,8 3. A report summarizing the identity, quantity, and price of all products sold under each winery permit issued under s. 125.53 and each direct wine shipper's permit issued under s. 125.535.

SB1,1219,10 4. A report summarizing the sales quantity and product data available for all products sold under each wholesaler's permit issued under s. 125.54.

SB1, s. 2781 Section 2781. 139.31 (1) (a) of the statutes is amended to read:

SB1,1219,13 139.31 (1) (a) On cigarettes weighing not more than 3 pounds per thousand, 38.5 101 mills on each cigarette.

SB1, s. 2782 Section 2782. 139.31 (1) (b) of the statutes is amended to read: